Wednesday, March 28, 2012

Public Domain Citation in CO


Colorado Supreme Court Chief Justice Michael L. Bender has adopted a new way to refer to Colorado Supreme Court and Colorado Court of Appeals published opinions in legal briefs and other documents.  The purpose is to support the use of Colorado case law in both book and electronic formats, and to make it more affordable and accessible to attorneys and the public. 

"Slip opinions" were the opinions delivered by the Courts, but lacked a formal citation format until published in the Pacific Reporter.  Instead of “slip opinions”, which do not receive a citation to the Pacific Reporter for some time, the Court’s will immediately assign a “Public Domain Citation” (PDC) when the opinions are released for publication.  This promotes quicker access for attorneys, researchers, and pro se litigants to find, research, use, and cite to Colorado case law in both print and electronic formats. 

Chief Justice Directive 12-01 is effective January 1, 2012, and requires that the Clerks for both Courts assign a “Public Domain Citation” to all opinions announced for publication.  
See the “Chief Judge Directives” underneath the Administration topic, and right above the category “Adopted and Proposed Rule Changes”. Publishers of Colorado cases are being requested by the Court to include this public domain citation within the heading of each Colorado opinion that they publish on or after January 1, 2012.

Legal practitioners and self-represented parties will be permitted—but not required—to
use the public domain citation format instead of citing to the Pacific Reporter.  Irrespective of
the citation format used, a parallel citation to the other format is not required.See the Directive itself for how to create or use a PDC.

The following is an example of how this will look online.  To see the whole case click on 2012 CO 4 below.

 ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, FEBRUARY 6, 2012

OPINIONS
Supreme Court of the State of Colorado 101 West Colfax Avenue, Suite 800 • Denver, Colorado 80202

ADVANCE SHEET HEADNOTE
February 6, 2012 Click on the case number to view the opinion in pdf format.
No. 11SA82, Colorado Mills, LLC v. SunOpta Grains and Foods Inc. – Regardless of whether arbitration is involved or not, a district court has the same authority to enforce subpoenas in civil actions. A district court, as a matter of state sovereignty, has no authority to enforce civil subpoenas against out-of-state nonparties. Instead, such enforcement, if any, is left to the states in which the discovery is to take place.

Opinions of the Colorado Supreme Court are available to the public and can be accessed through the Courts homepage.  Opinions are also posted on the Colorado Bar Association homepage and free websites.  

 Written by Catharine Cott, Reference Librarian